Since 2010, the grounds upon which an extraordinary licence in Perth can be obtained has become significantly narrower. During that year, the Western Australia Parliament passed laws that made applying for an Extraordinary Drivers Licence in Perth or Western Australia much more difficult. Currently, the Magistrates Court of Western Australia, which hears the majority of extraordinary drivers licence applications, has regard to a range of factors, including the safety of the public, your criminal and traffic record, the circumstances surrounding your loss of licence, your conduct since losing your licence, and whether you are a person of good character.
Even if the court is persuaded that those factors go in your favour, it cannot grant an Extraordinary Drivers Licence unless satisfied that without one, you will be unable to provide urgent medical attention for yourself, or a family member, or you will face an undue financial burden by being deprived of your principle means of obtaining income, or being deprived of your only practicable means of travelling to your place of employment.
It’s important not only that you are aware of the nuances of the new legislation, and the mandatory waiting periods before applying, but also that you know how to go about presenting evidence that supports your claim; if your application is not successful you are unable to make another application for 6 months.
You will need to appear in court and give ‘Evidence in Chief’ in support of your claim. The Department of Transport has in-house solicitors that appear in every application. If they don’t agree with your Extraordinary Drivers Licence application, they’ll oppose it, subject you to a ‘Cross Examination’, and make closing arguments to the court why it shouldn’t be granted.
Stevenson Legal is experienced in :
Firstly, you need to know whether or not you will be eligible to apply at all. While most people under disqualification from driving can apply, not all can. For example, people under demerit point suspensions may not be able to apply [however if you subject to both court ordered suspensions and demerit point suspensions the situation may become more complex].
Secondly, you need to know what the waiting periods are before you can apply. This can vary depending on the reason for your disqualification and is also impacted upon by roadside disqualifications for drink driving offenses. It is important to note that the date that you can first apply for an extraordinary drivers license is not the date that the court will hear your application – that will occur at a later date. Stevenson legal can quantify all the above and give you a precise and certain date for your application.
Thirdly, you need to know the legislative criteria. Simply needing a license may not be enough; you will also have to demonstrate that there are no other transport options open to you, that the geographical limitations you are seeking are reasonable ones, and that the way that you have carried on work prior to the application cannot be sustained. Even if you satisfy the court that you need the application, the court must then go on to consider whether you ought to be given a license regarding factors such as your conduct since losing your license, your character, the circumstances behind your loss of license, and, critically, any danger you pose to the public safety.
Fourthly, you need to know what conditions the court may wish to impose upon your extraordinary drivers license. Conversely, if there are conditions that the court would usually apply that may cause unnecessary inconvenience for you, you will need to mount a persuasive as to why those conditions should not be imposed.
Of course, simply knowing the answers to the above questions will rarely be sufficient. You also need to know how to adequately evidence your arguments and submissions in a way that is acceptable to the court. Many applicants with good claims for an extraordinary drivers license can nevertheless fail due to a lack of properly prepared evidence in support.
Finally, you need to be persuasive in bringing all of the above factors together in a cogent and forceful way that satisfies the court that it ought to grant application that you are seeking. This is important because if your application is refused you cannot apply again for a further six months.
At Stevenson Legal, we have made literally hundreds of applications with an extremely high success rate. The reason isn’t luck. Our clients are assisted by a thorough knowledge of the law, a deep understanding of the rules of evidence and above all experience in presenting applications in a detailed and persuasive manner.
See how we’ve recently helped others
Air conditioning technician, aged 33, lost licence due to a low range drink driving offence (second offence). Applicant’s partner was unable to work due to medical issues and loss of employment would have left the household with no income. Applicant successful in April 2017.
Self-employed landscaper, aged 55, lost licence due to a mid-range drink driving offence (first offence). Applicant had a strong case but needed assistance in preparing documents and supporting evidence. Applicant successful in April 2017.
Communications technician working on mine-site, aged 35, lost licence due to a high range drink driving offence. Applicant had shown remorse for this one-off offence and was able to keep employment due to successful application in April 2017.
Site supervisor on construction site, aged 55, lost licence due to very high range drink driving offence. Strong motivation to change drinking habits and close family support assisted this applicant with his successful application in March 2017.
Retail manager, aged 28, lost licence due to a mid-range drink driving offence. The court was satisfied that all criteria had been met and evidenced. Client very happy to be back at work with only minimal disruption to his working life.
Don’t leave your licence up to chance. Contact Stevenson Legal for any and all help in preparing, presenting, and arguing your Extraordinary Drivers Licence application.